A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 6, 2015, at around 00:25, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from the slopeD of the Yanannam Police Station in the Yanannam-dong Police Station, while driving Cschton car while drinking alcohol in front of the new elementary school located in the Yannam-dongdong-dong, Yannam-dong.

그럼에도 불구하고 피고인은 자는 시늉을 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Each internal investigation report and investigation report;

1. Recognition of a crime;

1. Report on the result of the crackdown on drinking driving;

1. A report on the state of running a motor vehicle under the influence of alcohol;

1. A copy of the usage register of measuring instruments for drinking;

1. On-site map;

1. Each photograph;

1. Application of Acts and subordinate statutes of a traffic control report;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The grounds for discretionary mitigation)

1. Article 62 (1) of the Criminal Act suspended execution. Article 62 (1) of the same Act

1. Although the reasoning for sentencing under Article 62-2 of the Criminal Act is one of the following: (a) the fact that there is no particular criminal history; (b) the Defendant’s age, character and conduct; and (c) the circumstances after committing the crime, etc.

1. As to the assertion that the demand for an illegal drinking test is made

A. Before the police demanded a drinking measurement against the defendant and his defense counsel, the defendant started an illegal investigation, such as forcing the door of the fexton vehicle, and demanded a drinking test against the defendant.

However, the above forced questions were enforced without a warrant.